A bill to amend section 504 of title 5, United States Code, and section 2412 of title 28, United States Code, with respect to awards of expenses of certain agency and court proceedings, and for other purposes.

Summary

Amends the Equal Access to Justice Act to provide that the decision of the adjudicative officer of a Federal agency constitutes the final administrative decision regarding the award of certain legal expenses to a party prevailing against the United States in an adversary adjudication. Authorizes the adjudicative officer to adjust the net worth standards for individuals and businesses or organizations eligible for such an award to reflect increases in the cost of living. Enables certain municipal corporations and unincorporated towns to be parties to actions under such Act. Redefines "adversary adjudication" to include any appeal before an agency board of contract appeals under the Contract Disputes Act of 1978. Defines "position of the agency" to include actions and omissions of the agency. Authorizes a party other than the United States that is dissatisfied with an adjudicative officer's determination of such expenses to appeal the determination to the appropriate U.S. court within 30 days after such determination is made. Directs the United States, if dissatisfied, to petition for leave to appeal such determination and bars any appeal if the petition is denied. Requires a court's determination on such an appeal to be a de novo review based solely on the factual record made before the agency. Authorizes appropriations for each agency for payment of expenses awarded to parties prevailing against the agency in an adversary adjudication. Requires the payment of interest on any amount of such expenses remaining due 60 days after final agency action awarding such expenses. Authorizes a court to award certain legal expenses to the prevailing party in any civil action brought by or against any Federal agency or official. Provides for the award of such expenses to any party prevailing against the United States in proceedings for judicial review of agency action. Authorizes the court to adjust the net worth eligibility standards for the award of such expenses to reflect increases in the cost of living. Redefines "civil action" to include any appeal by a party other than the United States from a decision of a contracting officer on a dispute in a Federal contract. Authorizes appropriations for each agency for payment of expenses awarded to the party prevailing against the agency in a civil action. Requires the payment of interest on such expenses remaining due 60 days after being awarded. Repeals the termination dates of the legal expenses award provisions of the Equal Access to Justice Act, thus making them permanent law.

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Documents

7 official files

• House agreed to Senate amendment with amendment, 2nd occurrence

  summary · EN · 11 October 1984

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• Senate agreed to House amendment with amendment

  summary · EN · 5 October 1984

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• House agreed to Senate amendment with amendment

  summary · EN · 4 October 1984

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• Passed Senate amended

  summary · EN · 4 October 1984

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• Passed House amended

  summary · EN · 11 September 1984

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• Reported to House with amendment(s)

  summary · EN · 6 September 1984

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• Introduced in House

  summary · EN · 12 April 1984

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